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Case TitleBUZZFEED INC. v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01410
Date Filed2019-05-15
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzFeed submitted FOIA requests to the FDA and the U.S. Army Medical Research and Materiel Command for records concerning the approval of the drug Dsuvia. The FDA told BuzzFeed that it would not be able to process the request within the statutory time limits because of its backlog. The USAMRMC acknowledged receipt of the request. After hearing nothing further from either agency, BuzzFeed filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND
DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-151COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6126288) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet Civil Cover Sheet, # 11 Summons Summons)(Topic, Matthew) (Entered: 05/15/2019)
2019-05-152NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 05/15/2019)
2019-05-153LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 05/15/2019)
2019-05-16Case Assigned to Judge Tanya S. Chutkan. (zef, ) (Entered: 05/16/2019)
2019-05-164SUMMONS (6) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/16/2019)
2019-06-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 5/30/2019 (Topic, Matthew) (Entered: 06/19/2019)
2019-06-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/29/2019 (Topic, Matthew) (Entered: 06/19/2019)
2019-06-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 5/31/2019 (Topic, Matthew) (Entered: 06/19/2019)
2019-06-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/28/2019. (Topic, Matthew) (Entered: 06/19/2019)
2019-06-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2019. (Topic, Matthew) (Entered: 06/19/2019)
2019-06-1910REQUEST FOR SUMMONS TO ISSUE filed by BUZZFEED INC..(Topic, Matthew) (Entered: 06/19/2019)
2019-06-2011SUMMONS (1) Re-Issued Electronically as to U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND. (ztd) Modified on 6/21/2019 (znmw). (Entered: 06/20/2019)
2019-06-2712NOTICE of Appearance by Roberto Cesar Martens, Jr on behalf of U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND (Martens, Roberto) (Entered: 06/27/2019)
2019-06-2713NOTICE of Appearance by Darrell C. Valdez on behalf of All Defendants (Valdez, Darrell) (Entered: 06/27/2019)
2019-06-2714ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Valdez, Darrell) (Entered: 06/27/2019)
2019-06-27MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 8/1/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/27/19. (DJS) (Entered: 06/27/2019)
2019-06-28Set/Reset Deadline: Joint Status Report due by 8/1/2019. (jth) (Entered: 06/28/2019)
2019-07-0915RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND served on 6/10/2019 (Topic, Matthew) (Entered: 07/09/2019)
2019-07-1616NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Allen Haugh on behalf of U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND Substituting for attorney Roberto Martens (Haugh, Jeremy) (Entered: 07/16/2019)
2019-08-0117Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Haugh, Jeremy) (Entered: 08/01/2019)
2019-08-01MINUTE ORDER: The parties shall file a Joint Status Report by September 30, 2019. Signed by Judge Tanya S. Chutkan on 8/1/2019. (lctsc3) (Entered: 08/01/2019)
2019-08-05Set/Reset Deadlines: Joint Status Report due by 9/30/2019. (tb) (Entered: 08/05/2019)
2019-08-0618NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC. (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-3019Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Haugh, Jeremy) (Entered: 09/30/2019)
2019-10-01NOTICE OF ERROR re 19 Status Report; emailed to jeremy.haugh@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Do not Refile. Reminder, if you are electronically filing, your names must be on the signature line of the document(s). (ztd, ) (Entered: 10/01/2019)
2019-10-17MINUTE ORDER: Having considered the parties' joint status report 19 , it is hereby ordered that the parties shall file another joint status by January 31, 2020. The report shall address the status of Defendants' productions, whether a Vaughn index will be required in this case, whether and when any party anticipates filing a dispositive motion, and any other pertinent issues. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/17/19. (DJS) (Entered: 10/17/2019)
2019-10-18Set/Reset Deadlines: Joint Status Report due by 1/31/2020. (tb) (Entered: 10/18/2019)
2020-01-3120Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haugh, Jeremy) (Entered: 01/31/2020)
2020-02-07MINUTE ORDER: Having considered the parties' joint status report 20 , it is hereby ordered that the parties shall file another joint report by 4/30/2020 and every 60 days thereafter. To the extent the report contains a proposed briefing schedule, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/7/2020. (DJS) (Entered: 02/07/2020)
2020-02-10Set/Reset Deadlines: Joint Status Report due by 4/30/2020. (tb) (Entered: 02/10/2020)
2020-04-3021Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haugh, Jeremy) (Entered: 04/30/2020)
2020-07-3122Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haugh, Jeremy) (Entered: 07/31/2020)
2020-09-2923NOTICE OF SUBSTITUTION OF COUNSEL by Sean Patrick Mahard on behalf of U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND Substituting for attorney Jeremy A. Haugh (Mahard, Sean) (Entered: 09/29/2020)
2020-09-3024Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Mahard, Sean) (Entered: 09/30/2020)
2020-11-3025Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Mahard, Sean) (Entered: 11/30/2020)
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by FOIA Project Staff
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